G.R. No. 183984 – 664 Phil. 210 – 648 SCRA 772 – Civil Law – Persons and Family Relations – Ownership, Administration, Enjoyment, and Disposition of Conjugal Property Credit Transactions – Encumbrance on Conjugal Property; Mortgage of Real Property – Mutually Exclusive Remedies In October 1995, Edna Lindo obtained a […]
Credit Transactions
G.R. No. 120528 – 403 Phil. 340 – Civil Law – Credit Transactions – Pledge – Deposit – Agency In 1985, Mike Abella rented a house owned by Atty. Dionisio Calibo, Jr. Meanwhile, Dr. Pablo Abella, Mike’s father, entrusted to Mike a tractor. Pablo delivered the tractor to Mike in […]
G.R. No. 137792 – 456 Phil. 127 – Civil Law – Credit Transactions – Real Mortgage – Judicial Foreclosure – No right of redemption in judicial foreclosure Remedial Law – Civil Procedure – Special Civil Actions – Judicial Foreclosure – Right of Redemption vs Equity of Redemption The spouses Ricardo […]
G.R. No. 144755 – 459 SCRA 604 – Civil Law – Secured Transactions – Mortgage – Terms of Loan Remedial Law – Civil Procedure – Non-Forum Shopping – Certification – Signature of both spouses – Pro-Forma Complaint The spouses Estares secured a loan of P800k from Prominent Lending & Credit […]
225 SCRA 456 – Civil Law – Credit Transactions – Pactum Commissorium Carlos Valdes acquired title over a Baguio summer residence named Pulong Maulap but this was actually in behalf of Jose Nakpil who arranged that while he does not have the money to pay Valdes the title remains under […]
G.R. No. 112191 – 267 SCRA 653 – Civil Law – Secured Transactions – Continuing Surety; Future Obligations In 1981, Joseph Chua and Edgar Rodrigueza executed separate surety agreements in favor of Fortune Motors (Phils.) Corporation to cover obligations incurred by Fortune Motors whether they be enforced or thereafter made (from […]
G.R. No. 30882 – 54 Phil. 361 – Civil Law – Credit Transactions – Pactum Commissorium – Mortgage On September 15, 1925, Go Chulian executed a mortgage in favor of Genoveva De Jayme over 2 parcels of land. The mortgage had a clause which allowed De Jayme to appropriate the lands […]
G.R. NO. 160026 – 539 SCRA 564 – Civil Law – Credit Transactions – Credit Card – Credit Card Fees – Interest Rate – Penalty Edmerito Gobonseng subscribed for a credit card with Unibancard Corporation. The credit limit was P10k a month. The terms of the subscription are: that interest […]
G.R. Nos. 82282-83 – 167 SCRA 815 – Civil Law – Credit Transactions – Continuing Surety In 1980, Dynetics Inc., through its president, acquired a P25M export loan from Security Bank. In 1982, a credit accommodation (SWAP loan) was opened by Security Bank in favor of Dynetics allowing it to […]
G.R. NO. 158026 – 552 SCRA 545 – Civil Law – Credit Transactions – Mortgage – Interest – Penalty Apart from Interest Spouses Armando and Dorie Nicolas bought a parcel of land in Bulacan from Del Nacia via an Agreement. It was agreed that the downpayment would be P40k and […]
G.R. No. 178449 – 569 SCRA 814 – Civil Law – Credit Transactions – Mortgage – Period of Redemption In 1974, the company co-owned by Tan, acquired a P250k loan from Metrobank. In 1976, the same company acquired another P150k loan from Metrobank. In 1979, it again got a P600k […]
G.R. No. 113926 – 263 SCRA 483 – Civil Law – Credit Transactions – Central Bank Circular No. 905 – Interest Rate – 12% Annum Interest Rate – Legal Rate – When my courts reduce interest rate In 1983, Magtanggol Eusebio acquired 3 separate loans from Security Bank and Trust […]
G.R. No. 170452 – 584 Phil. 144 – 562 SCRA 146 – Civil Law – Credit Transactions – Interest Rate – Usurious Rates – 12% Per Annum Interest Rate – Central Bank Circular No. 905-82 – Legal Rate In February and March 1999 Salvador Chua and Violeta Chua loaned Rodrigo, […]
G.R. No. 165662 – 522 Phil. 671 – 489 SCRA 125 – Civil Law – Credit Transactions – Mortgage – Default – Mora Solvendi – Extrajudicial Foreclosure – Right of CreditorObligations and Contracts – Default On September 19, 1995, spouses Edgardo and Zenaida Angeles and Selegna Management and Development Corporation […]